may be served by delivering the same personally to such owner or owners, or his or their agent, or by posting the same in a conspicuous place at the residence of the person to be served, if such person cannot be found at his place of residence. The animals described in the affidavit may, at any time before or after service thereof, as aforesaid, be redeemed Redemption by filing an affidavit of ownership and the payment by the of animals, claimant to the Pound-keeper of all damages and accrued cost and expenses up to the time of redemption. The Poundkeeper shall be liable to the person taking up the said animals for his damages and fees for driving and delivering the same to the Pound-keeper, in case of redemption as aforesaid. All cost, fees, and damage shall be paid in gold coin.

SEC. 3. If said animals are not redeemed within ten days Notice of after they were received by the Pound-keeper, as aforesaid, sale. he shall cause such affidavit to be published in some newspaper printed and published in the county, for at least two consecutive weeks, together with a notice of the time and place where the property described in the affidavit will be sold at public auction.

SEC. 4. At the time and place mentioned in said notice, sale. the Pound-keeper shall sell at public auction, to the highest bidder, for cash in gold coin, all of the property described in the affidavit. He shall execute and deliver to the purchaser or purchasers a bill of sale for the animal or animals purchased, describing them as nearly as possible, and stating the amount bid for the same, and that the said animals may be redeemed within sixty days from the date thereof by the payment of the amount mentioned in the bill of sale, with two per cent. per month interest thereon, in like gold coin. The Pound-keeper shall also file with the County Recorder, immediately after the sale, a list of the animals sold, as aforesaid, describing them as nearly as practicable, with the name and place of residence of the purchaser. The Pound-keeper shall be entitled to the same commissions for selling the animals as are now allowed Constables for like services.

SEC. 5. At any time within sixty days from the date of Redemption the sale, the owner may redeem the animals sold under this after sale. Act, by paying to the purchaser the amount specified in the said bill of sale, with two per cent. per month interest thereon from the date of sale. Any overplus of the proceeds of such sale, after satisfying the damages and all fees and costs, shall be repaid by the Pound-keeper to the owner of the property sold, if said property is redeemed and the money demanded within sixty days from the date of sale. If the same is not demanded as aforesaid, the same shall be paid by the Poundkeeper to the County Treasurer for the benefit of the County School Fund. If no redemption is made within the time and in the manner aforesaid, the bill of sale shall be conclusive evidence of title in favor of the purchaser of the animals described therein.

SEC. 6. If the owner or owners appear and claim the ani- Damages to mals, or any of them, described in the affidavit, and is dis- be assessed. satisfied with the amount of damages claimed in the affidavit, and cannot agree with the owner or occupant of the land, he

1

be assessed.

Damages to may choose one person, the owner or occupant of the land another person, and the two may choose a third, who shall assess the amount of damages sustained by the owner or occupant of the land, and shall award to him the amount found due, which said award shall be final. They shall notify the Pound-keeper, in writing, of the sum so awarded, who shall, upon the payment of the same with other cost as herein before provided, deliver up said animals to the owner. If the animals described in the affidavit belong to different parties, the cost and damages may be apportioned by the Pound-keeper as nearly as may be in proportion to the number of the animals belonging to each separate owner.

SEC. 7. The term "occupant of any land," as used in this Act, shall be construed to include only such person or persons who shall be lawfully in the actual possession and occupancy of lands to which the title of the United States and this State shall have been extinguished; and the term "possessory claim," as used in this Act, shall be construed to embraced only the claim of a person who shall have settled upon and who is in the actual occupancy of public land of the United States, which possessory claim shall not exceed one hundred and sixty acres.

SEC. 8. Nothing in this Act shall be construed so as to repeal any of the estray laws or Acts to prevent the trespassing of animals upon private property, now in force in said counties, or either of them, but shall only be construed as an additional remedy thereto.

SEC. 9. This Act shall take effect and be in force from and after its passage; provided, that in the County of Sutter this Act shall not take effect nor be in force until the first day of July, eighteen hundred and seventy-six.

Supervisors

CHAP. CCLXXXVI.-An Act to provide for the purchase and erection of certain bridges, and for the building and improvement of certain roads in the County of Mendocino.

[Approved March 20, 1876.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. The Board of Supervisors of Mendocino to sell bonds. County are hereby authorized and directed to issue the bonds of said county to the amount of thirty-two thousand dollars, payable on the first day of February, A. D. one thousand eight hundred and ninety-six, or, at the election of said county, at any time after the first day of January, A. D. one thousand eight hundred and eighty-six, with interest at the rate of eight per cent. per annum, payable on the first day of February, both interest and principal payable in United States gold coin only. Said bonds shall be issued in denominations of five hundred dollars each, and shall be

ated.

signed by the Chairman of the Board of Supervisors and countersigned by the Auditor of the county; interest coupons shall be attached, signed in like manner. Said bonds shall be designated as the "Mendocino County Special Road and Bridge Bonds." Said bonds shall be appropriated as Bonds, how follows: Twelve thousand dollars thereof, if so much shall appropri be required, to purchase the Noyo, Big River, Albion, and Navarra Bridges; four thousand dollars thereof, if so much shall be required, to complete the road from Boonville to Point Arena; ten thousand dollars thereof, if so much shall be required, to construct the road from the northern boundary of Mendocino County to the widow Wilson's dwelling, in Ten-mile Valley; and six thousand thereof, if so much shall be required, to construct a bridge across Russian River.

SEC. 2. The bonds and coupons shall be payable at the Redemption office of the County Treasurer; and when any coupons are of bonds. paid, they shall be canceled by the Treasurer and filed with the Auditor. Both Treasurer and Auditor shall keep an accurate account of the bonds and coupons redeemed.

SEC. 3. Said coupons shall bear the date of their issuance, Interest and the first coupons shall be for the interest from such date coupons. up to the first day of February succeeding.

SEC. 4. Said bonds shall not be dated, executed, or draw interest prior to the time of their actual sale or disposal.

terest tax.

SEC. 5. For the purpose of paying the interest on the said Special inbonds, the Board of Supervisors of said county shall, at the time of levying the county taxes for each year, levy a special tax on all property in said county sufficient to pay the interest for one year on all of said bonds then outstanding. In making such levy the Supervisors shall not deem the value of the property of the county to be greater than it was shown to have been by the assessment of the preceding year. The special tax thus levied shall be assessed and collected as State and county taxes are assessed and collected, and shall be set apart as a special fund, to be known as the "Special Road and Bridge Interest Fund," and out of said fund the coupons on said bonds shall be paid as they fall due.

ceeds.

SEC. 6. If the amount realized from the collection of such Surplus prospecial tax exceeds the amount required to pay the coupons falling due on the first day of February next succeeding the levy of such tax, the Board of Supervisors may transfer such surplus to the County General Fund.

fund pro

SEC. 7. In and for the year eighteen hundred and eighty- Redemption six, and each year thereafter until the whole of said bonds fro are paid, the Board of Supervisors of said county shall levy and cause to be collected, at the time and in the manner as State and county taxes are levied and collected, a sufficient amount to pay ten per cent. of the whole issue of said bonds; and the tax thus levied and collected shall be set apart as a special fund, to be known as the "Special Road and Bridge Redemption Fund."

SEC. 8. Whenever there shall be one thousand dollars or Treasurer to more in said last-named fund, the Treasurer shall cause give notice. notice to be published once a week, for three successive weeks, in some newspaper published in said county, which notice

Supervisors

shall state that he is prepared to redeem, on a day to be named therein, bonds to the amount of the money then in said fund, and that until said day at twelve (12) o'clock M. he will at his office receive sealed proposals for the surrender of bonds issued under this Act. Immediately after the hour specified he shall, in the presence of the County Auditor, open all such proposals, and shall redeem such bonds as may be offered at the lowest figure; provided, that no bid above par value shall be accepted. If no bid shall be put in at par or less, or if a sufficient amount of bonds shall not be offered to absorb all the moneys then in said fund, then bonds to the amount of the moneys in said fund shall become due and payable in the order in which they are numbered; and the Treasurer shall give notice in like manner as above provided, and all interest thereon shall cease from and after thirty days from the first publication of such notice.

SEC. 9. Whenever, and at any time when, and only when, to sell bonds, it shall become ascertainable by said Board of Supervisors when and what amount of funds may be required to carry out any of the subsequent provisions of this Act, the said Board shall cause a corresponding notice to be published once a week for three successive weeks in a newspaper published in said County of Mendocino, and also in a daily newspaper published in the City and County of San Francisco for the same period, that sealed proposals will be received by said Board of Supervisors for the purchase of bonds of the County of Mendocino, stating up to what day and hour, which shall be twelve o'clock M., and also the aggregate amount of bonds to be disposed of at the time, and the provisions of this Act concerning the payment of principal and interest. At the time appointed, said Board shall open all bids received, and award the bonds to the highest bidder; provided, however, that only United States gold coin shall be received in payment of such bonds, and that said Board may reject any and all bids, if deemed unsatisfactory, and proceed to advertise anew for proposals. SEC. 10. The proceeds of the sale of such bonds shall be placed in the county treasury to the credit of a fund to be entitled the "Special Road and Bridge Fund."

Special Road and Bridge Fund.

Supervisors

appraisers.

SEC. 11. At the regular meeting of said Board of Superto appoint visors next subsequent to the passage of this Act, or if said Board shall then fail to act in the premises, at any subsequent meeting of said Board, said Board shall appoint three competent and disinterested persons to appraise the bridges now located on the route of the public highway leading along and near the coast of the Pacific Ocean, and respectively spanning the Navarra, Albion, Noyo, and Big River; such appraisers shall meet at a time and place stated in the order for their appointment, or at any subsequent time or place, as they may agree, and proceed to a thorough examination of each of the bridges named, and appraise the same at their respective cash values. They shall, immediately after such appraisement, make out, under oath, a statement of the same, and transmit it to the Clerk of said Board. Said Board shall allow such compensation to such appraisers as they may

deem just and reasonable, to be paid out of said Special Road and Bridge Fund. Should such appraisement not be deemed satisfactory by said Board, or should the persons appointed as appraisers fail or refuse to act, then said Board may appoint other appraisers for the same purpose.

owners.

SEC. 12. As soon as a satisfactory appraisement has been Tender of obtained by said Board, and sufficient funds have been real-payment to ized from the sale of such bonds, said Board of Supervisors shall order a warrant or warrants drawn in favor of the respective owner or owners of such bridges, for the amount for which each bridge has been respectively appraised, payable out of such Special Road and Bridge Fund, and shall delegate one of its members to make a tender thereof to the respective owner or owners of such bridge, and, in case of acceptance, to receive a proper and duly executed conveyance thereof to the County of Mendocino from the owner or owners, and to receive such bridge or bridges in behalf of said county, and to turn them over into the custody of the respective Road Overseers. Before the tender of such warrant such Board shall, with the assistance of the District Attorney, make due inquiry and become fully satisfied as to the ownership of such bridges, and that there are no incumbrances thereon.

appointed.

SEC. 13. Should any owner or owners of such bridge or Viewers bridges refuse to accept the appraised value thereof, then the ma said Board shall appoint Viewers to view out the exact site for a new bridge or bridges to be erected over the river or rivers, and adjacent to or in the vicinity of such bridge or bridges so refused to be sold, and to view out the new portions of road necessary to connect the ends of such contemplated bridge with the old highway. Said Board shall appoint a competent mechanic as one of such Viewers, who shall make out and add to their report a plan and specifications of the new bridge to be erected. Such Viewers shall be governed by, and remunerated in accordance with, the laws then in force; provided, that said Board shall allow a reasonable compensation for such plan and specifications, to be paid out of said Special Road and Bridge Fund. If the report of such Viewers shall not prove satisfactory, said Board may appoint other Viewers for the same purpose.

construction of bridge.

SEC. 14. As soon as any such report has been approved Proposals for by said Board of Supervisors, they shall advertise for sealed proposals for the construction of such bridge, in accordance with such plan and specifications, by publication in one or more newspapers of the county, for three successive weeks, stating the time up to which such proposals will be received. At the appointed time, they shall open such proposals and award the contract to the lowest responsible bidder, or they may reject any and all bids if none shall prove satisfactory, and advertise again for, and receive and act upon proposals. They may also consider and act upon bids made for a different plan and specifications; but no bridge shall be erected at a greater cost than the appraised value of the present bridge spanning the same stream.